People v. Sierra

Appellate Division of the Supreme Court of New York

People v. Sierra

267 A.D.2d 92, 699 N.Y.S.2d 688, 1999 N.Y. App. Div. LEXIS 13067

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 14, 1999

StatusPublished

This text of 267 A.D.2d 92 (People v. Sierra) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Sierra, 267 A.D.2d 92, 699 N.Y.S.2d 688, 1999 N.Y. App. Div. LEXIS 13067 (N.Y. Ct. App. 1999).

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Opinion

—Judgments, Supreme Court, Bronx County (Denis Boyle, J.), rendered July 22, 1998, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree, and two counts of criminal sale of a controlled substance in or near school grounds, and sentencing him to three concurrent terms of 2Vs to 7 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty pleas. The record, including defendant’s thorough plea allocution, establishes the voluntariness of the pleas, and defendant’s assertion that his pleas were impaired by mental illness and medication is unsupported by any evidence. We note that defendant was examined pursuant to CPL article 730 and found competent.

Defendant’s unrestricted waiver of his right to appeal forecloses review of his excessive sentence claim (People v Hidalgo, 91 NY2d 733). In any event, we perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Nardelli, Wallach, Saxe and Friedman, JJ.

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—Judgments, Supreme Court, Bronx County (Denis Boyle, J.), rendered July 22, 1998, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree, and two counts of criminal sale of a controlled substance in or near school grounds, and sentencing him to three concurrent terms of 2Vs to 7 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty pleas. The record, including defendant’s thorough plea allocution, establishes the voluntariness of the pleas, and defendant’s assertion that his pleas were impaired by mental illness and medication is unsupported by any evidence. We note that defendant was examined pursuant to CPL article 730 and found competent.

Defendant’s unrestricted waiver of his right to appeal forecloses review of his excessive sentence claim (People v Hidalgo, 91 NY2d 733). In any event, we perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Nardelli, Wallach, Saxe and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 92, 699 N.Y.S.2d 688, 1999 N.Y. App. Div. LEXIS 13067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sierra-nyappdiv-1999.

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